Posted by Jonathan Adler:
Should the Pardon Power Be Amended?
http://volokh.com/archives/archive_2008_11_30-2008_12_06.shtml#1228579708
Rep. Jerrold Nadler is [1]proposing to amend the Constitution to
restrict the President's pardon power. Rep. Nadler is apparently
concerned that President Bush will pardon embers of his own
administration involved in the deveopment of counterterrorism and
detainment policies who may have broken the law. Brian Kalt observes:
the most interesting thing about Nadler's proposal is how
diametrically opposed it is to the Framers' conception of the
pardon power. This is not a criticism of Nadler's proposal as
such�by definition, constitutional amendments are inconsistent with
the constitutional provisions that they are trying to change. But
it is striking, and illuminating.
Kalt's whole post is worth reading. Among other things, it reminds us
that the question of whether a President should be able to pardon
members of his own administration is not new. After debating the
question, the Framers concluded that this was not too great a power to
give the President, despite the potential for abuse. Recent Presidents
have certainly use the pardon power in inappropriate ways, but I don't
think this justifies amending the Constitution.
References
1.
http://tpmmuckraker.talkingpointsmemo.com/2008/12/nadler_plans_constitutional_am.php
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